| Case ID |
4285eddb-09e0-450f-859f-1e25084a38bc |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.306 of 2007 |
| Decision Date |
May 08, 2013 |
| Hearing Date |
|
| Decision |
The High Court ruled that the writ petition was maintainable as the petitioners were not civil servants and could challenge the merit list and re-advertisement of the post. The court directed the department to appoint the petitioner based on the re-evaluation of the papers, highlighting that the proper checking of papers was not conducted initially. The decision emphasized the jurisdiction of the court over the Service Tribunal in this case, given the petitioners' status. |
| Summary |
This case revolves around a writ petition challenging the appointment of a less qualified candidate for a civil service position. The petitioners argued that they were wrongly denied the position despite ranking higher in the selection process. The court found that the Azad Jammu and Kashmir Service Tribunal did not have jurisdiction over this matter as the petitioners were not civil servants. The ruling reinforced the importance of proper evaluation in the recruitment process and the right of candidates to seek redress in court. Keywords include 'writ petition', 'civil service recruitment', 'Azad Jammu and Kashmir law', 'jurisdiction of courts', and 'service tribunal appeal'. This case sets a precedent for future disputes regarding civil service appointments in the region. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
GHULAM MUSTAFA MUGHAL, C.J.
|
| Lawyers |
Sardar Muhammad Habib Zia,
Syed Mushtaq Hussain Gillani,
Nemo
|
| Petitioners |
MUHAMMAD SADHEER and another
|
| Respondents |
DIRECTOR-GENERAL, LOCAL GOVERNMENT AND RURAL DEVELOPMENT DEPARTMENT AZAD JAMMU AND KASHMIR and 4 others
|
| Citations |
2013 SLD 1964 = 2013 PLC 1205
|
| Other Citations |
Dr. Ahmed Salman Waris, Assistant Professor, Services Hospital, Lahore v. Dr. Naeem Akhtar and 5 others PLD 1997 SC 382,
Muhammad Tariq Amin and 3 others v. Muhammad Hussain and 3 others 1999 PLC (C.S.) 941,
Habibullah Ganaie v. Wajahat Rashid Baig and others 1999 PLC (C.S.) 615
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974,
Azad Jammu and Kashmir Service Tribunals Act, 1975
|
| Sections |
44,
47,
4
|